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Attempted Murder; Theft by Unlawful Taking; Violence Against Women; Jury Instructions

Supreme Court
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Published Case
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The trial court did not err in declining the defendant’s request for a renunciation jury instruction, as there was no evidence that the defendant made any efforts to abandon his commission of the crime or took any steps to avoid its commission prior to the shooting. Rather, he completed the act of shooting his girlfriend, but failed to kill her as he had intended. The trial court did not err in denying the defendant’s motion for a directed verdict on the theft by unlawful taking of a firearm charge, because, under the evidence as a whole, a reasonable jury could infer the defendant intended to permanently deprive the owner of the gun. Affirmed.

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2019-SC-000473-MR.pdf (383.25 KB) 383.25 KB